Practice question
A claimant invokes “I had to sue” as the sole reason for attorney’s fees, while the opponent pursued an honestly mistaken position and no sufficient statutory, factual or equitable basis is shown. The claimant says litigation expense necessarily proves every Article 2208 condition. Which is correct?
- Every filing automatically proves bad faith
- An honest legal dispute must always be punished
- The amount spent creates the exception automatically
- The award requires the actual legal, factual and equitable justification; being compelled to litigate alone is not a universal substitute
- Attorney’s fees can never be awarded in any case
Legal references
- Go, G.R. 257761, April 22, 2025: https://lawphil.net/judjuris/juri2025/apr2025/gr_257761_2025.html
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